TTH attorneys Jim Tinnyo, Evan Jenkins, and John Morgan recently convinced a western Pennsylvania Workers’ Compensation Judge to deny an Act 46 Claim Petition – one of the most notoriously difficult and complex types of claims to defend. The claimant alleged that the decedent developed glioblastoma as an occupational disease from fire service. The claimant relied on an expert who testified that that it was “mechanistically” possible for firefighting to cause glioblastoma to a reasonable degree of “biologic certainty,” which she contrasted from the “scientific certainty” standard purportedly used by the International Agency for Research on Cancer (IARC). However, Jim’s unrelenting cross examination forced the claimant’s expert to ultimately admit that the IARC had not designated firefighting as a Group 1 carcinogen for glioblastoma, which is significant because the General Assembly adopted the IARC’s Group 1 standard of proof. Evan then presented the credible testimony of the defendant’s medical expert to show that even from a mechanistic standpoint, there was nothing about firefighting that could possibly cause glioblastoma. The WCJ completely rejected the testimony of the claimant’s expert, finding her testimony “unavailing” and adopting the reasoning persuasively argued in the brief prepared by John Morgan.

Questions about this case can be directed to James Tinnyo at 717.237.7121 or jtinnyo@tthlaw.com, Evan Jenkins at 412.926.1419 or ejenkins@tthlaw.com, or John Morgan at 267.861.7580 or jmorgan@tthlaw.com.